SB 174 — JURY AFFIDAVIT EXEMPTION IF OVER AGE 75

SENATEAN BILLACT 174RELATING 54THTO LEGISLATURECOURTS; - STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Richard C.

Martinez 6 8 10 AN ACT RELATING TO COURTS;

156 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 38-5-2 NMSA 1978 (being Laws 1973, e t 17 Chapter 150, Section 1, as amended) is amended to read:

w l n d 18 "38-5-2.

EXEMPTION FROM JURY SERVICE--EXCUSALS--SERVICE = = 19 OF DISQUALIFIED JUROR.-- a l i a e r 20 A.

A person who has served as a member of a petit a t m m 21 jury panel or a grand jury in either state or federal courts d r e 22 within the preceding thirty-six months shall be exempt from c e s k 23 sitting or serving as a juror in a court of this state when the e a n b 24 person requests to be exempted from service by reason of the u [ exemption granted by this subsection.

.211188.2SA B.

A person who is seventy-five years of age or older who [files an affidavit requesting an ] requests exemption from jury service with a local court shall be permanently exempt from jury service.

(1) jury service would cause undue or extreme physical or financial hardship to the prospective SB 174 juror or to a person under the prospective juror's care or Page 1 supervision;

A person requesting an exemption or an excuse from jury service shall take all necessary action to obtain a e e 17 ruling on the request no later than the date on which the e e n d 18 person is scheduled to appear for jury duty.

= = l ] 19 E.

The judge, in the judge's discretion, upon a l r i 20 granting any excuse, may disallow the fees and mileage of the t e a t person excused.

m m 21 e d r e 22 F.

The service upon a jury of a person disqualified c e r c 23 shall, of itself, not vitiate any indictment found or any e a n b 24 verdict rendered by that jury, unless actual injury to the u [ person complaining of the injury is shown.

.211188.2SA - 2 - G.

(b) incur costs that would have a SB 174 Page 2 substantial adverse impact on the payment of necessary daily living expenses of the person or the person's dependent;

and (2) does not exist solely because a prospective juror will be absent from employment." -SB 3174 -Page e3 e8 1725 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211188.2SA